September 2018 Committee on Instruction Item 1
Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses
(Second Reading and Final Adoption)
September 14, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses. The proposal would repeal a rule that is outdated and no longer necessary. No changes to the repeal of §113.70 are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE to by rule identify the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
TEC, §28.025, requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002, and to allow a student to comply with the curriculum requirements by successfully completing a dual credit course.
EFFECTIVE DATE: The proposed effective date of the proposed repeal is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final approval by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2019-2020 school year. The earlier effective date will expedite the removal of an outdated rule to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE originally adopted 19 TAC Chapter 113, Subchapter D, effective September 1, 1998. The board adopted 19 TAC §113.70 effective September 1, 2001. At the June 2018 meeting, the SBOE approved the proposed repeal of §113.70 for first reading and filing authorization. At the June 2018 meeting, the SBOE also approved for first reading and filing authorization the proposed repeal of §113.69, Other Courses for which Students May Receive Social Studies Credit. However, the repeal of §113.69 had previously been included in the proposed revisions to Chapter 113, Subchapter D, that were approved for second reading and final adoption at the April 2018 SBOE meeting with an effective date of August 27, 2018. Therefore, this item does not include the repeal of §113.69 for second reading and final adoption.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 113.70 requires that a student be awarded one-half credit for each semester of successful completion of a college course in which the student is concurrently enrolled while in high school. However, credit is awarded based on demonstrated proficiency of the TEKS for a course. As written, this rule is not accurate and should be repealed.
At the June 2018 meeting, the SBOE approved for first reading and filing authorization the proposed repeal of §113.70.
At the June 2018 meeting, the SBOE also approved for first reading and filing authorization the proposed repeal of §113.69, Other Courses for which Students May Receive Social Studies Credit. However, the repeal of §113.69 had previously been included in the proposed revisions to Chapter 113, Subchapter D, that were approved for second reading and final adoption at the April 2018 SBOE meeting with an effective date of August 27, 2018. The duplicate repeal of §113.69 approved for first reading in June 2018 was required to be withdrawn from the Texas Register so that the initial repeal approved for second reading in April 2018 could take effect on August 27, 2018. TEA staff filed the withdrawal effective August 14, 2018. Therefore, this item does not include the repeal of §113.69 for second reading and final adoption.
Attachment II reflects the text of the proposed repeal of §113.70. No changes to the repeal of §113.70 are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that that there are no additional costs to persons or entities required to comply with the proposed repeals. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed repeals are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeals do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The proposed repeals would remove outdated and unnecessary rules to prevent confusion for administrators and counselors.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeals would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeals would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the June 2018 SBOE meeting, notice of the proposed repeal of
19 TAC §113.70 was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received regarding the repeals will be provided to the SBOE prior to and during the September 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A public hearing on proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, is presented as a separate item in this agenda.
Proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, are presented for first reading and filing authorization as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption the proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses; and
Make an affirmative finding that immediate adoption of the proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Shelly Ramos, Senior Director
Curriculum Standards and Student Support
Attachment I: Statutory Citations
Attachment II: Text of Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses
(Second Reading and Final Adoption)
September 14, 2018
COMMITTEE ON INSTRUCTION: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item presents for second reading and final adoption proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses. The proposal would repeal a rule that is outdated and no longer necessary. No changes to the repeal of §113.70 are recommended since approved for first reading.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§7.102(c)(4), 28.002, and 28.025.
TEC, §7.102(c)(4), requires the State Board of Education (SBOE) to establish curriculum and graduation requirements.
TEC, §28.002, identifies the subjects of the required curriculum and requires the SBOE to by rule identify the essential knowledge and skills of each subject in the required curriculum that all students should be able to demonstrate and that will be used in evaluating instructional materials and addressed on the state assessment instruments.
TEC, §28.025, requires the SBOE to by rule determine the curriculum requirements for the foundation high school graduation program that are consistent with the required curriculum under the TEC, §28.002, and to allow a student to comply with the curriculum requirements by successfully completing a dual credit course.
EFFECTIVE DATE: The proposed effective date of the proposed repeal is 20 days after filing as adopted with the Texas Register. Under TEC, §7.102(f), the SBOE must approve the rule action at second reading and final approval by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2019-2020 school year. The earlier effective date will expedite the removal of an outdated rule to avoid confusion.
PREVIOUS BOARD ACTION: The SBOE originally adopted 19 TAC Chapter 113, Subchapter D, effective September 1, 1998. The board adopted 19 TAC §113.70 effective September 1, 2001. At the June 2018 meeting, the SBOE approved the proposed repeal of §113.70 for first reading and filing authorization. At the June 2018 meeting, the SBOE also approved for first reading and filing authorization the proposed repeal of §113.69, Other Courses for which Students May Receive Social Studies Credit. However, the repeal of §113.69 had previously been included in the proposed revisions to Chapter 113, Subchapter D, that were approved for second reading and final adoption at the April 2018 SBOE meeting with an effective date of August 27, 2018. Therefore, this item does not include the repeal of §113.69 for second reading and final adoption.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Section 113.70 requires that a student be awarded one-half credit for each semester of successful completion of a college course in which the student is concurrently enrolled while in high school. However, credit is awarded based on demonstrated proficiency of the TEKS for a course. As written, this rule is not accurate and should be repealed.
At the June 2018 meeting, the SBOE approved for first reading and filing authorization the proposed repeal of §113.70.
At the June 2018 meeting, the SBOE also approved for first reading and filing authorization the proposed repeal of §113.69, Other Courses for which Students May Receive Social Studies Credit. However, the repeal of §113.69 had previously been included in the proposed revisions to Chapter 113, Subchapter D, that were approved for second reading and final adoption at the April 2018 SBOE meeting with an effective date of August 27, 2018. The duplicate repeal of §113.69 approved for first reading in June 2018 was required to be withdrawn from the Texas Register so that the initial repeal approved for second reading in April 2018 could take effect on August 27, 2018. TEA staff filed the withdrawal effective August 14, 2018. Therefore, this item does not include the repeal of §113.69 for second reading and final adoption.
Attachment II reflects the text of the proposed repeal of §113.70. No changes to the repeal of §113.70 are recommended since approved for first reading.
FISCAL IMPACT: The Texas Education Agency (TEA) has determined that that there are no additional costs to persons or entities required to comply with the proposed repeals. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy for the first five years that the proposed repeals are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeals do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The proposed repeals would remove outdated and unnecessary rules to prevent confusion for administrators and counselors.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed repeals would have no new procedural and reporting requirements.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed repeals would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS: Following the June 2018 SBOE meeting, notice of the proposed repeal of
19 TAC §113.70 was filed with the Texas Register, initiating the public comment period. No comments had been received at the time this item was prepared. A summary of public comments received regarding the repeals will be provided to the SBOE prior to and during the September 2018 meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A public hearing on proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, is presented as a separate item in this agenda.
Proposed revisions to 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, and proposed repeal of 19 TAC Chapter 118, Texas Essential Knowledge and Skills for Economics with Emphasis on the Free Enterprise System and Its Benefits, are presented for first reading and filing authorization as a separate item in this agenda.
MOTION TO BE CONSIDERED: The State Board of Education:
Approve for second reading and final adoption the proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses; and
Make an affirmative finding that immediate adoption of the proposed repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses, is necessary and shall have an effective date of 20 days after filing as adopted with the Texas Register. (Per TEC, §7.102(f), a vote of two-thirds of the members of the board is necessary for an earlier effective date.)
Staff Members Responsible:
Monica Martinez, Associate Commissioner
Standards and Support Services
Shelly Ramos, Senior Director
Curriculum Standards and Student Support
Attachment I: Statutory Citations
Attachment II: Text of Proposed Repeal of 19 TAC Chapter 113, Texas Essential Knowledge and Skills for Social Studies, Subchapter D, Other Social Studies Courses, §113.70, Concurrent Enrollment in College Courses